Pharmaceutical Drugs and Defective Products Liability

December 19, 2017
By
Panio Law Offices

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Injuries sustained as a result of the use of a pharmaceutical drug may
in fact be cause for a
defective products claim. These claims are based on a failing of sorts in the drug's manufacturers,
distributor and sometimes, sales representative, prescribing doctor or
hospital. There is an inherent responsibility on the part of these individuals
responsible for delivering the drug to you, the patient, to ensure your
safety and well being with regard to the use of that drug.

Because of the nature of pharmaceutical drugs, and because of the lengthy
chain of “collaborators” who participate in delivering the
drug to consumers, it is easy to see how patients may become harmed in
the process. It becomes necessary, therefore, to identify the conditions
under which filing a defective products claim may be a reasonable recourse
when something goes wrong.

Mirroring the three kinds of more general defective products claims, drug-related
product liability claims are typically categorized in one of three types:
drugs incorrectly manufactured or produced (drugs developed in error or
incongruent with the drug's native structure, formulae or process);
pharmaceutical drugs that create dangerous side effects when taken; and
pharmaceutical drugs that are improperly marketed.

Defectively Manufactured Drugs: Pharmaceutical drugs with a manufacturing defect or which are produced
in error or are tainted in some way may become defective during the manufacturing
process. An improper proportion of ingredients or chemicals may have resulted
in a dangerous chemical structure or some defect may have tainted the
drug during the shipping process. Any mistake made at any point during
the manufacturing or delivery process may fall into this category of product
liability.

Pharmaceutical Drugs that Produce Dangerous Side Effects: Many times, pharmaceutical
drugs are released without long term study. After release and long-term
use, adverse side effects may begin to surface. This kind of products
liability claim may yield punitive damages if the plaintiff can prove
the manufacturer was aware of the side effects in question and did not
properly warn consumers or prescribing physicians.

Improperly Marketed Drugs: Pharmaceutical drugs are often inherently dangerous under a variety of
circumstances and in combination with other drugs, certain foods and even
a variety of conditions. Each drug is different as is each individual.
That is why most drugs come with a manufacturer's instructions regarding
safe and appropriate use warning of side effects and possible harmful effects.

When manufacturers, marketers and/or distributors of a pharmaceutical drug
fail to provide adequate warning of potential side effects and harm proper
instructions regarding drug use, resulting injuries may lead to defective
products claim. Keep in mind that any of the above conditions must cause
a substantive injury to meet the requirements of a defective products claim.

The experienced attorneys of Panio Law Offices understand the complexities
in filing a defective products claims. Oftentimes a claim may be filed
under multiple legal theories. Sometimes, defective products claims may
be filed in tandem with a medical malpractice claim. If you have been
harmed as a result of a pharmaceutical drug, call Panio Law Offices for
expert legal counsel from personal injury attorneys who fight hard for
their clients, winning the highest awards and getting them the compensation
they deserve. Calls us at (312) 313-0305. We can help.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.